Local Division Munich
UPC_CFI_201/2024
Order
of the Court of First Instance of the Unified Patent Court
in the proceedings for preliminary measures
related to European Patent 2 152 073
delivered on 12/06/2024

CLAIMANT/S
1) Syngenta Limited
(Applicant) - Jealott’s Hill International
Research Centre - RG42 6EY - Bracknell,
Berkshire - GB
Represented by
Jörn Peters

DEFENDANT/S
1) Sumi Agro Limited
(Defendant) - Bürgermeister-Neumeyr-Str. 7 -
85391 - Allershausen - DE
Represented by
Gareth Williams and
Johannes Heselberger
2) Sumi Agro Europe Limited
(Defendant) - Bürgermeister-Neumeyr-Str. 7 -
85391 - Allershausen - DE
Represented by
Gareth Williams and
Johannes Heselberger

PATENT AT ISSUE
Patent no. Proprietor/s
EP2152073 Syngenta Limited

DECIDING JUDGE
COMPOSITION OF PANEL – FULL PANEL
Presiding judge and
Judge-rapporteur Matthias Zigann
Legally qualified judge Tobias Pichlmaier
Legally qualified judge Walter Schober
The order was made by Presiding Judge Matthias Zigann, acting as Judge-Rapporteur.

REQUESTS BY THE PARTIES
The defendants request that the date for the oral hearing (11 July 2024) be postponed. They
argue that the defendants' representatives will not be available on that date, but will be available
the following day, 12 July 2024. Specifically, Johannes Heselberger has an oral hearing on 11 July
2024 at 11 a.m. at the Düsseldorf Regional Court (Case No. 4b O 13/23) in an unrelated matter of
significant economic importance. This hearing has already been scheduled since 31 March 2023.
Johannes Heselberger has been in contact with the presiding judge at the Düsseldorf Regional
Court to determine whether the hearing date could be postponed, but this is not possible.
Plaintiff initially informed the Court that Plaintiff's counsel would be available for the proposed
hearing date of 12 July 2024. The senior corporate representative among the Claimant's counsel,
who is the head of the Claimant's patent department and directly responsible
for this litigation, will not be able to attend due to long-planned travel arrangements. All of the
Applicant's counsel, including , would also be available on one of the alternative
dates proposed by the Respondent's counsel for the following week, which dates are therefore
preferred. The Claimant would appreciate it if one of these dates could be set for the Hearing
instead of 12 July 2024.
However, by e-mail of 12 June 2024, the Claimant informed the Court that it would be available
for an oral hearing on 12 July 2024.

GROUNDS
The Court has offered to change the date of the hearing to Friday 12 July 2024 at 8.00 a.m. The
other dates proposed by both parties would not have been acceptable to the Court.
As the Claimant has finally informed the Court that it will be available for a hearing on 12 July,
the request of the Defendant's counsel is granted.

ORDER
The date for the oral hearing is re-scheduled to 12 July 2024, 8.00 a.m.

ORDERS TO THE REGISTRY
The information on the UPC website should be updated accordingly.

Dr. Zigann
Presiding Judge and Judge-rapporteur

ORDER DETAILS
Application Number: App_34029/2024
UPC number: UPC_CFI_201/2024
Application Type: Application to re-schedule the date for the oral hearing